On June 4 – 5, 2019, Judge Richard J. Leon of the U.S.
District Court for the District of Columbia held an extraordinary
and unprecedented evidentiary hearing to decide whether to enter
the proposed Final Judgment in U.S. v. CVS/Aetna requiring
the divestiture of Aetna's Medicare Part D business. Judge Leon
has been highly critical of DOJ's proposed remedy and has
disrupted long-established DOJ practices to resolve competitive
concerns in merger cases. A decision to reject the Division's
proposed remedy would upend established law, interfere with
DOJ's ability to negotiate merger settlements, and create
uncertainty in DOJ's merger enforcement program.
Procedural History
Following an 11-month investigation, the Antitrust Division on
October 10, 2018 filed a lawsuit seeking to enjoin CVS Health
Corporation's $69 billion acquisition of Aetna, Inc. The
complaint alleged the transaction would substantially lessen
competition for the sale of individual prescription drug
